An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
An employee has failed to convince a commission that "significant" workplace stress excused his disrespectful behaviour. Also in this article, new rulings on misconduct, procedural fairness, redundancy...
The Fair Work Commission has criticised an HR director's entirely email-based disciplinary process, in finding an employee was unfairly dismissed for his disrespectful "tone".
A employee sacked for social media breaches has won a rehearing of her dispute, after the initial judge failed to give detailed reasons for dismissing her claim.
An employer must compensate a manager it sacked for s-xually harassing a customer, after the Fair Work Commission found its dismissal process was "procedurally disastrous".
The Fair Work Commission has rejected that an employee kicked and pushed a colleague in a "fight or flight" reaction, finding her conduct warranted dismissal despite a flawed procedure.
An employee's intellectual freedom rights trumped his employer's code of conduct requirement to treat others with sensitivity, a full Federal Court has ruled in upholding his appeal.
An employee who was banned from a client's premises after he allegedly called one of its female employees a "c-nt" was fairly dismissed, the Fair Work Commission has found.
Substantiating a formal complaint against an employee who had no opportunity to respond was more than a "mere blemish" in a disciplinary process, a commission has ruled in upholding her psychological injury claim.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
